Report: KY Instant Racing to Appeals Court

The Kentucky Supreme Court has ruled the Instant Racing case will be heard by the state Court of Appeals before it tackles the issue.

The Louisville Courier-Journal reported April 21 the issue of Instant Racing machines, which are considered pari-mutuel because of common-pooling but resemble video gambling devices, could now drag out depending on when the Court of Appeals hears the case pursued by the Family Foundation of Kentucky.

The state’s horse racing industry had hoped to expedite the matter by asking the Supreme Court to rule since the case would ultimately end up there. A ruling had been hoped for by this summer.

The Kentucky Horse Racing Commission already has approved regulations for Instant Racing, and the state attorney general issued an opinion saying the game is pari-mutuel in nature.

The Courier-Journal reported that representatives on both sides of the case declined immediate comment.